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My daughter is a legal resident of OR and her husand and ...

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My daughter is a legal...
My daughter is a legal resident of OR and her husand and she would like to divorce her husband and relocate with her parents to CA where she has her teaching credential and can get a good job to support her three children. She will also have the moral and financial support of her parents as long as needed. Can she legally take the children and relocate to CA without her husband''s permission?
Submitted: 9 years ago.Category: Family Law
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5/1/2008
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Attorney & Mediator
Category: Family Law
Satisfied Customers: 20,012
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Absent any court orders which limit or restrict the mother's access to her children, she is free to relocate to another state.

It will be upto the father to petition the court for custody or visitation. This is usually done in a divorce petition. If he files, she will need to return to OR to work on a parenting arrangement. Proper jurisdiction for child custody cases would be the homestate where the children have been residents for a period of six months. Since they both are living in OR, OR would have jurisdiction for the divorce hearing and the custody/visitation hearing.

If a court order for custody or visitation has already been set, then she would need to provide notice to the father of the relocation and set a review hearing to allow the relocation. She would bear the burden to prove why it would be in the children's best interests to relocate and be away from their father.

Bottomline: Her ability to relocate depends on whether there is a court order in place restricting or limiting her rights to relocate with the children.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer reply replied 9 years ago
Reply to LawNinvest's Post: She has not filed for divorce yet. If she files for divorce or legal separation in OR., then moves to CA to receive support from her parents with the three children, can he say she is kidnapping the children?

Must he provide safe conditions for the children for visitation rights? Is he liable for child support?
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Below are the answer to your questions:

1) She has not filed for divorce yet. If she files for divorce or legal separation in OR., then moves to CA to receive support from her parents with the three children, can he say she is kidnapping the children?

She will be in trouble for custodial interference ( a criminal offense), if the court issues an order that she is not to relocated with the children until such time as the court authorizes the relocation. Typically when a parenting plan has been worked on will she be able to relocate with the children.

2) Must he provide safe conditions for the children for visitation rights?

Both parents are obligated to provide safe conditions for their children in order to have any custody or visitation rights. Any environment which exposes the children to a risk of harm, abuse or neglect is grounds for the court to deny visitation and/or custody.


3) Is he liable for child support?


The non-custodial parent is responsible for child support. Yes. he would be if he does not get custody of the children.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer reply replied 9 years ago
What if the Court grants her temporary relocation to CA in her filing for divorce in OR until the child custody issue is settled?
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
If the court grants her the relocation, then she is not in any legal trouble, because the court has given her the authorization to relocate. She would only be in trouble if she violates the court orders.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.

Ask Your Own Family Law Question
Customer reply replied 9 years ago
Reply to LawNinvest's Post: If it is in the best interest of the children, is it likely that the Court would grant temporary relocation for her and her chidren to reside in CA till the divorce hearing in OR takes place? Can her husband pettition the court before the divorce hearing to have the children returned to OR immediately if the Court already approved the temporary relocation to CA? If so, what is the likelihood of this being approved by the Court when they already granted temporary relocation for them to relocate to CA?
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
I cannot predict what the court will grant in your daughter's particular situation as I am not knowledgeable as to grounds for the divorce and this is all determine on a case-by-case basis.

In general, once the divorce is open, it restrains both parties from removing children until the court has decided on the issues of custody. The best interests of the children is to have equal contact with both parents. If one parent is unable to provide the daily parenting needs or stability to the child, then the court is more inclined to allow the relocation.

Before the court grants the relocation, father will have the opportunity to object to the relocation. Then court hears both sides and makes a decision. Once judgment is rendered father cannot file objections to the move.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer reply replied 9 years ago
Can you recommend a reasonable attorney to work with us on this in Eugene, OR?
Family Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Sorry for the wait, as I was searching for the contact information of one of the lawyers who answers questions here.

Below is his contact information and you can read more about what he does here.

If he is not from your jurisdiction, he should be able to recommend a local attorney.

LAWRENCE D. GORIN

Address: 521 S.W. Clay St., Suite 205, Portland, Oregon 97201
Contact: Lawrence D. Gorin
Phone: (NNN) NNN-NNNNbr /> Fax: (NNN) NNN-NNNNbr /> E-mail: [email protected]

 

 

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.

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